HomeCirculars › RBI/2013-14/176

FEMA Compounding: Faster Refunds & New Mandatory Fields

Current · Source: Reserve Bank of India · RBI/2013-14/176 · issued 12 Aug 2013 · ~1 min read
Quick answerRBI mandates NEFT refunds for returned FEMA compounding applications and adds PAN and NIC code 1987 as mandatory fields. Incomplete applications will be returned, so ensure all approvals are in place before submission.
The rule, in the simplest words
How it plays out — a real example

A forex & trade-finance officer in Indore is helping a customer file a FEMA compounding application for a delayed foreign investment. She reminds the customer to attach their income-tax PAN and the correct NIC code 1987 for their business activity, and to provide their bank account details for a possible NEFT refund. She knows that missing these fields will cause the application to be returned, wasting everyone's time.

What changed

RBI now credits compounding fee refunds via NEFT instead of cheques, requiring applicants to provide bank mandate details upfront. The annexes for FDI, ECB, ODI, and Branch/Liaison Office applications have been updated to include income-tax PAN and activity as per NIC codes 1987 as mandatory fields.

What it means for you

Banks and their customers must ensure FEMA compounding applications are complete with all prior approvals to avoid returns. The shift to NEFT refunds speeds up the process, but missing PAN or NIC code will now lead to automatic rejection. This reduces back-and-forth correspondence and streamlines the compounding process.

What you must do

Who it affects

All Category-I Authorised Dealer Banks, Applicants for compounding of FEMA contraventions, Customers dealing with FDI, ECB, ODI, and Branch/Liaison Office matters

❓ Common questions

What happens if my compounding application is returned?

The application fee of Rs. 5000 will be refunded via NEFT to the bank account you provide. Ensure you submit the mandate details to avoid delays.

What are the new mandatory fields in the application annexes?

The annexes for FDI, ECB, ODI, and Branch/Liaison Office now require income-tax PAN and the activity as per NIC codes 1987. Applications without these will be treated as incomplete.

📜 Read the original circular — full text as issued by RBI
RBI/2013-14/176 A.P. (DIR Series) Circular No. 20 August 12, 2013 To, All Category - I Authorised Dealer Banks Madam / Sir, Foreign Exchange Management Act, 1999 (FEMA) Foreign Exchange (Compounding Proceedings) Rules, 2000 (the Rules) - Compounding of Contraventions under FEMA, 1999 Attention of Authorised Dealers (ADs) and their constituents is invited to paragraph 7.2 of A.P. (DIR Series) Circular No. 56 dated June 28, 2010 wherein they were advised to ensure that the applications for compounding are submitted only after the transactions are complete and all the requisite approvals are in place. Of late, we have been receiving a number of applications for compounding of contraventions of FEMA, 1999 which are submitted without obtaining proper approvals or permission from the concerned authorities leading to avoidable correspondence with the applicants and also return of applications. In case the application has to be returned for this reason or any other reason, the application fees of Rs.5000/- received along with the application fees is also returned. 2. To expedite the refund of compounding fees in such cases, it has been decided to credit the same to the applicant’s account through NEFT. The applicants are advised to furnish their mandate and details of their bank account as per ANNEX along with the application in the prescribed format and other documents required to be submitted in terms of the instructions contained in A.P. (DIR Series)Circular Nos. 56 and 57 dated June 28, 2010 and December 13, 2011 respectively. 3. Further, the Annexes relating to Foreign Direct Investment, External Commercial Borrowings, Overseas Direct Investment and Branch Office / Liaison Office, as given in A.P.(Dir Series) Circular No.57 dated December 13, 2011 , have also been modified to include the details of income-tax PAN and the activity as per NIC codes – 1987. It may please be noted that the application will be treated as incomplete without these details. 4. The applicants may also note to bring to the notice of the compounding authority change, if any, in the address/contact details of the applicant during the pendency of the compounding application with Reserve Bank. 5. Authorised Dealers may bring the contents of this circular to the notice of their constituents and customers concerned. 6. The directions contained in this circular have been issued under sections 10 (4) and 11 (1) of the Foreign Exchange Management Act, 1999 (42 of 1999). Yours faithfully, (Rudra Narayan Kar) Chief General Manager-in-Charge
Reproduced for reference with acknowledgment — Source: Reserve Bank of India · RBI/2013-14/176 · issued 12 Aug 2013. The plain-English explanation above is BankPulse’s own independent summary.
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Who does what — compliance checklist
🏦 Branch Manager
  • Verify that FDI, ECB, ODI, and Branch/Liaison Office applications include income-tax PAN and NIC code 1987.
💻 IT / Systems
  • Advise customers to submit compounding applications only after obtaining all required approvals and completing transactions.
  • Remind customers to update any change in address/contact details during pendency of the application.
📜 Compliance
  • Ensure applicants provide bank account mandate details (as per Annex) for NEFT refunds.
Grouped from the action items above — a single circular may involve more than one team.
Worked example & action-note template

Example: if you are an IT/Systems lead at a bank this circular applies to (All Category-I Authorised Dealer Banks, Applicants for compounding of FEMA contraventions, Customers dealing with FDI, ECB, ODI, and Branch/Liaison Office matters), your first concrete step on “FEMA Compounding: Faster Refunds & New Mandatory Fields” is: “Advise customers to submit compounding applications only after obtaining all required approvals and completing transactions.” (RBI issued this 12 Aug 2013).

  1. Circular: RBI/2013-14/176 -- FEMA Compounding: Faster Refunds & New Mandatory Fields
  2. Issued: 12 Aug 2013
  3. Action required: Advise customers to submit compounding applications only after obtaining all required approvals and completing transactions.
  4. Action required: Ensure applicants provide bank account mandate details (as per Annex) for NEFT refunds.
  5. Action required: Verify that FDI, ECB, ODI, and Branch/Liaison Office applications include income-tax PAN and NIC code 1987.
  6. Action required: Remind customers to update any change in address/contact details during pendency of the application.
  7. Owner: ____________ Target date: ____________
  8. Board/committee approval needed? Y / N
  9. Evidence filed in compliance register on: ____________
Built only from this circular’s own published fields — not legal advice; always confirm against the official RBI source.

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Official RBI source: https://www.rbi.org.in/Scripts/NotificationUser.aspx?Id=8301&Mode=0 — Plain-English summary by BankPulse (bankpulse.ai), reviewed by our expert reviewer, CA Amit Jain. Independent platform, not affiliated with the Reserve Bank of India; is our own plain-English paraphrase, not RBI’s original wording.
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